Summary
A 35-year-old senior principal information security engineer was denied a security clearance under Guidelines D (Sexual Behavior) and E (Personal Conduct). The denial stemmed from his possession of approximately 1,000 images of child pornography between 2012 and March 2014, which constitutes a federal crime.
The Statement of Reasons specifically alleged that the applicant possessed child pornography during this period. Disqualifying conditions under Guideline D included engaging in sexual behavior that creates a security concern, while Guideline E conditions related to questionable judgment, untrustworthiness, and unwillingness to comply with rules.
Although the applicant presented evidence of progress in therapy and a supportive environment, the judge determined these efforts were insufficient to mitigate the security concerns. The applicant's history of viewing child pornography raised significant doubts about his reliability and trustworthiness, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant possessed approximately 1,000 images of child pornography, which is a federal crime.
- The applicant's history of viewing child pornography raised concerns about his reliability and trustworthiness.
- The applicant's claims of progress in therapy were insufficient to mitigate the security concerns related to his sexual behavior.
Conditions Referenced
- D13(a)raisedSexual Behavior of a Criminal Nature
- D13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- D13(d)raisedSexual Behavior Reflecting Lack of Discretion or Judgment
- E15(c)raisedCredible Adverse Information Indicating Questionable Judgment
- E15(d)raisedCredible Adverse Information Not Covered Under Other Guidelines
- E16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- D14(a)rejectedBehavior Occurred Prior to or During Adolescence
- D14(b)rejectedBehavior Happened so Long Ago or Infrequently
- D14(c)rejectedBehavior No Longer Serves as a Basis for Coercion
- D14(d)rejectedSexual Behavior Is Strictly Private, Consensual, and Discreet
- E16(c)rejectedPersonal Conduct No Longer Serves as a Basis for Coercion
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedOct 25, 2016
- Answer filedNov 10, 2016
- Hearing heldMar 13, 2017Applicant waived right to 15 days notice.
- Decision dateMay 9, 2017
Cite For
- Denial of Security Clearance Due to Possession of Child Pornography
- Insufficient Mitigation of Sexual Behavior Security Concerns
- Duplication of Personal Conduct Concerns Under Sexual Behavior Guideline